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Have you or a loved one been injured either in an accident or through the willful negligence of someone? Sure, sometimes things can be worked out through insurance or through a small claims court. Occasionally it’s probably a good idea to walk it off and move forward because it may cause you more headache than it is worth .
But sometimes you need someone to take your side. Someone who will gun for you. A professional who can really fight on your side. That’s when you really should have a Gilbert personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury happened.
Being hurt in a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and being objective is challenging. However, keeping cool and collected can be the difference between receiving the fair compensation or dropping the case feeling horrible.
A great Gilbert personal injury attorney can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even fully realize the full breadth of what could happen until speaking with a professional. A lawyer can help you realize all of this objectively, determine if a potential claim exists and how they can be of service, and help you move forward with the process of any potential case.
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What is a Gilbert Auto Accident Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may hire a personal injury attorney when said claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents in relation to the claim, and use all their potential resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response. But what cases does a personal injury attorney fight for?
The PIL generally tackles a large variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is nearly endless.
In addition, unlike pretty much all other areas of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim will end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is totally aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award in the near term rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, settlement allows the plaintiff a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Auto Accident Lawyers Near Me in Gilbert
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we helped them get the settlement they needed and deserved. We offer a free consultation so you can see if we can help you with your claim, too. Give us a call today at 602-989-1759!